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Home Evictions Standard Possession Procedure Rent Arrears (Section 8)

Tenant Eviction Services

During the course of being a landlord you will at some point find yourself in a position where you wish to end a tenancy. The tenant may be in arrears with their rent, may be in breach of the agreement, they could be a ‘difficult tenant’ or just because you wish to get vacant possession of the property. Whatever the reason, there is a process you need to follow to abide by the law. An unlawful eviction is not only a civil matter it is also considered to be a criminal offence and can have serious consequences for the landlord. Ensuring you take the correct course of action is very important, otherwise you may find yourself in a position where errors have been made which may cost you in more ways than expected. Our services cover claims made in England and Wales only.

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Standard Possession Procedure Rent Arrears (Section 8)

Rent arrears eviction proceedings are brought under Section 8 of the Housing Act 1988 which is used in many other circumstances but most commonly in the case of rent arrears.

It only takes 14 days for the Section 8 Notice to expire and then you can proceed to making an application to the court for possession and the money order. To use this process for rent arrears your tenant must be at least 2 months in arrears or 8 weeks if paid weekly. You can use this process at any stage in the tenancy even if there are several months left to run of the fixed term of the tenancy agreement.

There are down sides to using this process one of them being no guarantee you will be granted possession of the property due to unexpected complications that can arise. So, you may decide to just use the section 21 process (as long as the tenant is near the end of their fixed term tenancy) to get the tenants out and then apply to the small claims court later for the rent arrears if you think your tenant has the means to pay.

There will be a hearing listed in the County Court for this kind of possession which you will be required to attend or we can book an external legal advocate to attend the hearing with/in absence of you.

Our service can only be used if:-

  • The tenant is at least 2 months (or 8 weeks if paid weekly) in rent arrears (£value not time)
  • You have dealt with the deposit correctly or you have already had a penalty imposed on you by the courts for non-compliance and this has either been settled or the rent arrears is still over 2 months in value after deducting the amount you owe under the order
  • You have a written tenancy agreement signed by all parties confirming the full terms of the tenancy such as property address, rent payment terms, the landlords name and address and tenants names etc
  • You have an up to date record of rent payments
  • You are not aware of any potentially valid reasons why the tenant may be withholding rent due to issues such as property disrepair

What if  I do not meet the service criteria above?

You may still be able to go ahead with a claim for possession on the grounds of rent arrears but we chose not to offer our services for potentially complex cases. You could however look at our other services instead.

Accelerated Possession Procedure

Standard Possession Procedure

 

How to get started

1. Call us or fill out the call me back form above and we will explain the process.

2. We take your information and get documents from you and check it over and let you know if you can proceed.

3. You instruct us … and we get started immediately!!!

 

 

 

FIXED FEE £78.00

FIXED FEE £270.00

+ Court Fee of £355.00 

FIXED FEE £60.00

+ Court Fee of £121.00

 

Court Fees’s are not included and are payable directly to the court (Stage 1 £0 , Stage 2 £355, Stage 3 £121.00).

We use the paper-based claim process as we feel the possession claim online service is more suited for persons who are represented due to the very limited advance information provided by the online process. As you are a self represented person, having the full claim pack filed with the court prior to the hearing rather than verbally explaining the full details and fumbling with documents in the hearing simplifies the process for the claimant. However, if you would prefer us to use the possession claim online process instead then please confirm this to us straight away, the court fee will be £325 instead of £355.